WVC 46 - 2 - 509
§46-2-509. Risk of loss in the absence of breach.
(1) Where the contract requires or authorizes the seller to
ship the goods by carrier:

(a) If it does not require him to deliver them at a particular
destination, the risk of loss passes to the buyer when the goods
are duly delivered to the carrier even though the shipment is under
reservation (section 2-505); but

(b) If it does require him to deliver them at a particular
destination and the goods are there duly tendered while in the
possession of the carrier, the risk of loss passes to the buyer
when the goods are there duly so tendered as to enable the buyer to
take delivery.

(2) Where the goods are held by a bailee to be delivered
without being moved, the risk of loss passes to the buyer.

(a) On his receipt of possession or control of a negotiable
document of title covering the goods; or

(b) On acknowledgment by the bailee of the buyer's right to
possession of the goods; or

(c) After his receipt of possession or control a nonnegotiable
document of title or other direction to deliver in a record, as
provided in subsection (4) (b) of section 2-503.

(3) In any case not within subsection (1) or (2), the risk of
loss passes to the buyer on his receipt of the goods if the seller
is a merchant; otherwise the risk passes to the buyer on tender of
delivery.

(4) The provisions of this section are subject to contrary
agreement of the parties and to the provisions of this article on
sale on approval (section 2-327) and on effect of breach on risk of
loss (section 2-510).

Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.